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HomeMy WebLinkAboutDumpsters h e© RESOLUTION 2016-912 DEFEATED DOC ID: 12325 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-912 WAS r"BEFEATE—DAT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 18,2016: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 9 h day of September, 2016, a Local Law entitled"A Local Law to consider amending Southold Town Code Chapter 100 (Buildings,Unsafe; Property Maintenance) to (i) restrict the placement of dumpsters on residential properties" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,Now Therefor Be It RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 100 (Buildings,Unsafe; Property Maintenance) to (i) restrict the placement of dumpsters on residential properties" which reads as follows: LOCAL LAW NO. OF 2016 A LOCAL LAW entitled to "A LOCAL LAW to consider amending Southold Town Code Chapter 100 (Buildings,Unsafe; Property Maintenance) BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The purpose of this amendment is to amending restrict the placement of dumpsters on residential properties II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-4 Standards. A. Property maintenance. , (1) Surface and subsurface water shall be adequately drained to protect buildings and structures,to prevent damage to adjacent property and to prevent the development of stagnant ponds. Swimming pools, spas,hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. (2) Landscaping shall be adequately maintained so that lawns,hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. (3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or buildings on the premises, or in an acceptable enclosed container, and shall be Resolution 2016-912 Board Meeting of October 18, 2016 regularly collected and removed from the premises. (4) No dumpster shall be permitted in the front yard or side yard of a residential property for more than two weeks, unless the property benefits from an open and valid building permit. If the property benefits from an open and valid building permit, said dumpster may remain in the front yard or side yard until either the building permit expires, or a certificate of occupancy and/or compliance is issued for the work described in the permit,whichever occurs first. Thereafter,the dumpster must be removed. Properties used for bonafide agricultural production shall not be subiect to this provision. (4)_U5 Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access'by the public. (5)�Junked or unregistered vehicles may not be located or stored in open view but shall be stored in a suitable location inside a building or behind a fence outside of public view. (6)MExterior facades shall at all times be kept free of graffiti or other defacement. III. Severability If any clause, sentence,paragraph, section, or part of this Local law shall be adjudged by any court of competent jurisdiction to be invalid, the judgement shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. , Elizabeth A. Neville. Southold Town Clerk RESULT: DEFEATED [4 TO 0] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: James Dinizio Jr, William P. Ruland, Louisa P. Evans, Scott A. Russell ABSENT: Robert Ghosio RECUSED: Jill Doherty Updated: 10/4/2016 2:44 PM by Lynda Rudder Page 2 Rudder, Lynda From: Tomaszewski, Michelle Sent: Monday, October 17, 2016 1:16 PM To: Neville, Elizabeth; Rudder, Lynda;William Ruland; Louisa Evans;Jill Doherty - Forward; Jim Dinizio; Bob Ghosio Cc: Duffy, Bill; Silleck, Mary Subject: FW: Garbage disposal For the Dumpster PH file. She also called and is willing to pay a fee to maintain a dumpster. Thank you, Michelle L. Tomaszewski Secretarial Assistant I' Southold Town Supervisor's Office Phone: 765-1889 Fax: 765-1823 From: Kris Paced [mailto:kpaced213@vahoo.com] Sent: Friday, October 14, 2016 4:41 PM To: Russell,Scott<scottr@southoldtownny.gov>; bill.ruland@town.southold.ny.us; Evans, Louisa <louisae@southoldtownny.gov> Subject: Garbage disposal Dear Mr. Russell and Town Board members: I need the dumpster for waste. I have a five acre parcel that I maintain. The grass clippings alone fill a third of the dumpster weekly. I am an award winning gardener and have another third agricultural waste weekly. I have won at least 20 blue ribbons from the Riverhead County Fair. Mattituck Environmental has their own transfer station. Please vote to allow me to keep the dumpster. Please contact me if you would like to discuss my situation. Thank you. Christine Piacente (631) 926-9975 i Rudder, Lynda From: Tomaszewski, Michelle Sent: Monday, October 17, 2016 1:18 PM To: Neville, Elizabeth; Rudder, Lynda Subject: FW: suggestion ! acre or more for dumpster For the Dumpster PH file. Thank you, Michelle L. Tomaszewski Secretarial Assistant Southold Town Supervisor's Office Phone: 765-1889 Fax: 765-1823 From: Kris Paced [mailto:kpaced213@vahoo.com] Sent: Friday, October 14, 2016 6:14 PM To: Russell, Scott<scottr@southoldtownnv.gov>; bill.ruland@town.southold.nv.us Evans, Louisa <louisae@southoldtownnv.gov>; Doherty,Jill <iill.dohertv town.southold.nv.us>; Ghosio, Bob <bob.ghosio@town.southold.nv.us>; Dinizio,James<lames.dinizio@town.southold.nv.us> Subject:suggestion 1 acre or more for dumpster Dear Mr. Russell and Board members: For property owners who have 1 or more acres a dumpster is a must. There is much grass and agricultural cuttings that is too cumbersome to transport to the town dump. Hopefully, property owners with 1 acre or more would be allowed to have a dumpster. I am an avid gardener and need a dumpster. Or maybe a fee could be imposed for a dumpster with an annual permit, similar, to the dump permit, in order to have a dumpster. Please allow home owners to have a dumpster. My dumpster is not visible from the road, I have a 5 acre parcel. Thank you. Best, Chris i �7 J Southold Town Board - Letter Board Meeting of October 4, 2016 RESOLUTION 2016-912 Item# 5.39 TABLED DOC ID: 12325 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-912 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 4, 2016: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 9th day of September, 2016, a Local Law entitled"A Local Law to consider amending Southold Town Code Chapter 100 (Buildings, Unsafe; Property Maintenance) to (i) restrict the placement of dumpsters on residential properties" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,Now Therefor Be It RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 100 (Buildings, Unsafe; Property Maintenance) to (i) restrict the placement of dumpsters on residential properties" which reads as follows: LOCAL LAW NO. OF 2016 A LOCAL LAW entitled to "A LOCAL LAW to consider amending Southold Town Code Chapter 100 (Buildings,Unsafe; Property Maintenance) BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The purpose of this amendment is to amending restrict the placement of dumpsters on residential properties II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-4 Standards. A. Property maintenance. (1) Surface and subsurface water shall be adequately drained to protect buildings and structures, to prevent damage to adjacent property and to prevent the development of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. (2) Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe Generated October 5, 2016 Page 51 Southold Town Board - Letter Board Meeting of October 4, 2016 condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency a»a,or fire rescue vehicle access. (3) Garbage, crates, rubbish, refuse or dem.i shall be kept inside a building or - buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. (4) No dumpster shall be permitted in the front yard or side yard of a residential property for more than two weeks, unless the property benefits from an open and valid building permit. If the property benefits from an open and valid building permit, said dumpster may remain in the front yard or side yard until either the building permit expires, or a certificate of occupancy and/or compliance is issued for the work described in the permit,whichever occurs first Thereafter, the dumpster must be removed. Properties used for bonafide agricultural production shall not be subject to this provision. (4)151 Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. (5)_D6 Junked or unregistered vehicles may not be located or stored in open view but shall be stored in a suitable location inside a building or behind a fence outside of public view. (6)MExterior facades shall at all times be kept free of graffiti or other defacement. III. Severability If any clause, sentence,paragraph, section, or part of this Local law shall be adjudged by any court of competent jurisdiction to be invalid, the judgement shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 10/18/2016 7:30 PM MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated October 5, 2016 Page 52 RIECEIVED A Restricting The Placement Of umpsters By OCT _4 2016 } William W. Schriever WHEREAS there has been resented to the Town Board of the Town of SouthoTauth follcwn CIPA County, New York, on the 9' day of September, 2016, a Local Law entitled "A Local Law to consider amending Southold Town Code Chapter 100 (Buildings, Unsafe:- Property , Maintenance)to (i) restrict the placement of dumpsters on residential properties" and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 4th day of October, 2016 at 4:33 p.m. at which time all interested persons will be given an opportunity to be heard. I believe that the Amendment as written is much too restrictive and that the Amendment should either be defeated completely or, if the Amendment is adopted, that the restriction should be limited to only the front yard. The Amendment to restrict the placement of dumpsters on a residential property assumes that the only dumpsters that will be needed are those to dispose of construction debris generated during construction projects for which a building permit is required. But Chapter 144 of the Town Code also lists many construction projects for which no building permit is required, specifically § 144-8 A(1) . . . except that no building permit shall be required for (a) Necessary repairs which do not affect structural features. (b) Alterations to existing buildings,provided that the alterations [1] Cost less than $10,000; [2) Do not materially affect structural features; . . . The list includes a total of 14 items, (a)through(n). Chapter 100 of the Town Code requires that the landscaping be adequately maintained which will create another type of debris, specifically , § 100-4 A(2) Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. The next paragraph addresses the storage and disposal of this debris, specifically § 100-4 A(3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. The only commercial service that provides an acceptable enclosed container that is regularly collected and removed from the premises is a dumpster. The Amendment to restrict the placement of dumpsters on a residential property as written will limit the placement of such a dumpster to the rear yard. The owner of the residential property may have developed or may have plans to develop the rear yard for a specific purpose. For example he may have fenced or enclosed the rear yard for one or more of the following reasons: October 4,2016 - 1 - William W. Schriever Restricting The Placement Of Du Asters By William W. Schriever 1. Provide a secure playground for young children. .., 2. Provide a secure playground for a dog. 3. Protect a garden or landscaping from being eaten by deer. 4. Enclose a patio and/or a swimming pool for privacy. In any one of these cases placing a dumpster in the rear yard would severely detract from the beneficial use of the rear yard. Assuming that the dumpster is delivered by truck through the front yard, the door to load the dumpster will open toward the rear of the property. Placing the dumpster in the side yard will allow room for the dumpster to be loaded directly from the rear yard: Placing the dumpster in the rear yard will require that the dumpster be loaded at the rear of the property and may even block access to the door of the dumpster depending on the depth of the rear yard. In the current Town Code the minimum width of side yards and driveways is 15 feet which is sufficient for the placement of a dumpster between a fence or a hedge on the lot line and the wall of the building. I believe that I have demonstrated that the ideal placement of a dumpster on a residential property is in a side yard. Thus the restriction on the placement of a dumpster in the Amendment should be limited to the front yard. I recommend that the words, "or side yard" be deleted from the Amendment in two locations before the Town Board votes on adopting the Amendment. So the Amendment would read § 100-4 A(4) No dumpster shall be permitted in-'the front yard of a residential property for more than two weeks, unless the property benefits from an open and valid building permit. If the property benefits from an open and valid building permit, said dumpster may remain in the front yard until either the building permit expires, or,a certificate of occupancy and/or compliance is issued for the work described in the permit, whichever occurs first. Thereafter, the dumpster must be removed. Properties used for bonafide agricultural production shall not be subject to this provision. October 4, 2016 William W. Schriever 1500 Brecknock Rd. #202 Greenport,NY 11944 631-477-9009 C October 4,2016 - 2 - William W. Schriever 4 , Southold Town Meeting Agenda- September 6, 2016, Page 29 `f RESOLVED that the Town Board of the Town of Sout,hoid hereby authorizes and directs Lloyd Reisenberg,Network and Systems Admsnistrator,to execute the Project Quotation between the Town of Southold and Impact for-upgrades-to the Police D6partment's Computer Aided Dispatch at no charge, subject to theapproval of the Town Attorney. ✓Vote Record-Resolution RES-2016-833 ❑ Adopted •- _—~,��-" ❑ Adopted as Amended - - — ❑ Defeated YeslAye No/PTay 1 Abstain Absent ❑ Tabled James Dmizio Jr ❑ I ❑ ❑ ❑ ❑ Withdrawn William P Ruland ❑ ❑ ❑ ❑ - - - ❑ Supervisors Appt -----Jill Dohertyi ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt - - -- �-- - - -- - - - - - --- - - ----- -- -- ❑ Rescinded Robert Ghosio ( r ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans I ❑ ❑ ❑ I ❑ ❑ Supt Hgwys Appt Scott A Russell � ❑ ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-834 CATEGORY: Local Law Public Hearing „ DEPARTMENT.• Town Attorney Local Law in Regard to Dunipsters WHEREAS there has been presented to the Town•Board offhC"•:'own of Southold, Suffolk County,New York, on the 9t1i day of September',' 2016, a Local.Law entitled"A Local Law to consider amending Southold Town Code Chapter 100 uilj Ings,Unsafe; Property Maintenance) to (i) restrict the placement of dumpsters tin -esidential properties" and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,,New York, ou the 4th day of October,2016 at 4:33 P.M. at which time all interested person-..0111 be given an opportunity to be heard. The proposed Local law entitled, "A FOCAL LAVV to'eonsidee amending Southold Town Code Chapter 100 (Buildings,Unsafe;'PropertyIv.4jntgzanc�', to'(ii) restrict the placement of dumpsters on residential p`r6peedes''(cads as follows: LOCAL LAW NO.''- :91✓' 201o - A LOCAL LAW entitled to "A LOCAL LAW to'consider amending Southold Town Code Chapter 100 (Buildings,Unsafe; Property M%intenance BE 1T ENACTED by the Town Board of the Tp,,.ya of Southold as follows: Southold Town Meeting Agenda- September 6,'2016_ Page 30 I. Purpose The purpose of this amendment is to amending,restrict the placement of dumpsters on residential properties H. Chapter 100 of the Code of the Town4 Southold is hereby amended as follows: § 100-4 Standards. A. Property maintenance. P ' (1) Surface and subsurface water shall be adequately drained to protect buildings and structures, to prevent darlage to adjacent,property and to prevent the development of stagnant ponds; Swimming pools, spas,,hot tubs'and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. (2) Landscaping shall be adequately maintained so that lawns, hedges, bushes,weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. (3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or buildings on the premises, or,in an acceptable enclosed container, and shall be regularly collected and removed from the premises. (4) No dumpster shall be permitted in the front yard or side yard of a residential Property for more than two weeks,unless the property benefits from an open and valid building permit. If the property benefits from an open and valid building permit,said dumpster may remain in the front yard or side yard until either the building permit expires, or a certificate of occupancy and/or compliance is issued for the work described in the permit,whichever occurs first. Thereafter,'the dumpster must be,removed: Properties used for bonafide agricultural production shall not be subiect to this provision. (4)_C51 Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. (-5)_(61 Junked or unregistered vehicles may.nothe-located or stored in open view but shall be stored in a suitable location inside a building or behind a fence outside of public view. (6)(71Exterior facades shall at all times�be kept free of graffiti or other defacement. III. Severability If any clause, sentence, paragraph, section, or part of this Local law shall be adjudged by any court of competent jurisdiction to be invalid,the judgement shall not affect the validity of this law as a whole or any part thereof other than the,part so decided to be unconstitutional or invalid. IV. Effective Date This Local Law shall take effect immediately upon filing with•the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2016-834 -- — Adopted Yes/Ay�No/lVay�' Abstain Absent ❑ Adopted as Amended — -- ❑ Defeated James Dmizio Jr ❑ �— ❑ ( El ZONING I 't a I. 2801,4ttachment 3 Town of Southold Bulk Schedule for Residential Districts [Added 1-10;1989 by LL No.1-19891 Column No i It nh iv v vi vu ix x xi xii - Residential Unit 2-Family Where Detached Community Dwellings y Water and in R-80 District A-C R-10 R-RO 'R-120 R-200 R400 HD RR RO Sevier 4vadabie District Minimum requirements for I-fatmly detached dwclimgs" ` Lot size(square feet) 80,000 40,000 80,000 120,000 200,000 400,00 20,000 20,000 40,000 10,000 160,000 Lot width(feet) 175 150 175 200 270 270 75 75 150 60 270 Lot depth(feet) 250 175 250 "300 400 400 120 120 175 80 400 Front yard(feet) 60 50 60 60 60 60 35 35 50 30 60 Side yard(feet) 20 15 20 30 30 30 15 15 15 IS 30 Both side yards(feet) 45 35 45 60 I 60 60 30 30 35 30 60 Rear yard(tect) 75 50 75 85 100 100 35 35 50 30 85 Livable floor arca(square feet per dwelling unit) 850 850 850 R50 850 850 850' RSd 850 850 850 Maximum permitted dimensions Lot coverage(percent) 20 1 20 20 10 5 5 25 1 25 20 25 10 Budding height(feet) 35 35 35 35 35 35 35 35 35 35 35 Number ofstones 2'/_ 2'/, 2"/, '2i/: 2"/, 2/ 2A 2"/, 2'/, 21/i 21A NOTES' 'See text of chapter and Density and Minimum Lot Size Schedules for applicable districts 'Except one-bedroom or studio in multiple dwelling may have 600 square feet Minimum Door area maybe reduced up to 200 for moderate-and/or lower-cost dwellings 'Except one-bedroom or studio in multiple dwelling may have 600 square feet. t • r I ' 280 Attachment 3.1 05-01-2006 1 r #12956 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 15th day of September, 2016. Principal Clerk Sworn to before me this da of y 2016. ;--LEGAI:NOTICE' NOTICE OF PUBLIC HEARING 1 NOTICE IS HEREBY GIVEN I jthere has been presented to the Town,!!! Board of the Town of Southold,Suffolk; CHRISTINA VOLINSKI County,New York, on the 9tti day of I September,2016,a,Local Law entitled, NOTARY PUBLIC-STATE OF NEW YORK "A Local Law to consider amend-j No. 01V06105050 I ing Southold Town Code Chapter 100 f Qualified In Suffolk County !(Buildings. Unsafe; Property Mainte My(i0018115610ft AM1110 Fabruefy 28,2020 nancel to (i) restrict the placement of dumpsters on residential properties" I and o NOTICE IS HEREBY FURTHER -GIVEN the Town Board of the Town I of Southold will hold a publichear- m _g.on the aforesaid Local-Law-at the , }Southold Town Hall,53095 Main'Road, !Southold,New York,on the 4tli day of 11 October.2016 at 4.33 p.m.at which time all interested persons,will be given an opportunity to be heard. The proposed Local law-entitled, "A LOCAL LAW to consider amend- ing Southold Town Code Chapter 100 (Buildings. Unsafe,• Properly Mainte- nance) to (i)restrict the placement of dumpsters on residential properties", reads as,follows: LOCAL LAW NO. OF 2016 A LOCAL LAW entitled to "A LOCAL LAW",-to consider amend- ing Southbld-Town Code Chapter 100 (Buildings. Unsafe: ProIjerty Mainte- nance -BE IT ENACTED by the Town Board of the Town of Southold as fol- �.10-ws: L Purpose The purpose of this amendment is to.amending restrict the placement of I'dumpsters on residential properties H.Chapter.100,of the Code of the Town of Southold is hereby amended as follows: §100-4 Standards. --A.Property maintenance. (1) Surface and subsurface water shall be adequately drained to protect 4 buildings- and-'structures, to prevent I damage to adjacent property and-to prevent the development of stagnant ponds.Swimming pools,.spas,hot tubs and other similar structures erected for recreational use shall be maintained so -as to avoid the stagnation-of the water therein. , (2) Landscaping-shall be adequate- ly maintained so that lawns, hedges, I bushes,-weeds and trees do not become overgrown and unsightly so as to consti- tute an'unsafe condition or blight.At no ["time'shall landscaping,hedges,bushes, lwe6&or:trees'create D an uimpediment f'fo•emergencyyand/oi_frie.re'scue vehicle { access. (3) Garbage, crates;rubbish,iefuse 1'j (4 No do Slier I' ted•in the front and or side and of a ! residential ro ert for more than two hen fits weeks unless the 110 from D ' 1`from an open and valid buildiner g If the ro ert benefitts fjjjir im a d o en and valid NOM dum 'step may remain in the front yard l or side yard until either the buildin ermit ex fires or a certificate of oc cu anc andlor coin liance is issued I for the work described in the' erad whichever.occurs first.Thereafter the p dum stet must be removed. Proper- ties used for bfide a ncultural ona ¢ roduction shall not be-subject to this 1t j&_Open'wells,cesspools or cis- terns shall be-securely closed oa,7rl- 1 caded to prevent access by pub I_ �.je Junked or unregistered ve- f lucles'may not be located or stored in open view but shall be•stored in a suit- able location inside a building or be- hind afence outside of piibhc view•'. (6) ME'xtenoi facades shall at all tunes be kept free of graffiti or other -'defacement- 'M efacement.'III.Severability If any clause, sentence, paragraph, section,or part of this Local,law shall be'adjudged by,any court of competent- jurisdiction to be invalid,the judgement shall not affect the validity of this law as ., .. ..„p„art thereof other than r-nncipal t IUIK Ul IIIL` 5Uf-Y1VL1\ IIIVIL-J, d wsZ(viy F,IAvr"ln.vi uc Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 15th day of September, 2016. ` -- Principal Clerk Sworn to before me this P da of 2016. S Y NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town v Board of the Town of Southold,Suffolk CHRISTINA VOLINSKI 1 County,New York, on the 9th day of NOTARY PUBLIC-STATE OF NEW YORK September,2016,a,Local Law'entitled "A Local Law to consider amend- No.01V06105050 ing Southold Town Code Chapter 100 Qualified In Suffolk County l(Buildings Unsafe- Property Mainte- My t @MMIjoJ@n€#p119's februety 28,2020 nance) to (i) restrict the placement of dumpsters on residential properties" and NOTICE TS HEREBY FURTHER GIVEN the Town Board of the Town of Southold will hold,a public_hear- ing on the aforesaid Local Law-at the Southold Town Hall,53095 Main Road, 9 Southold,New York,on the 4th day of 6 October,2016 at 4.33 p.m.at which time all interested-persons will be given an opportunity to be heard _ The proposed Local law entitled, "A LOCAL LAW to consider amend- ing Southold-Town Code Chapter 100 (Buildings. Unsafe: Property Mainte- nance) to ()restrict the placement of dumpsters on residential properties" reads as,follows: , LOCAL LAW NO. OF 2016 A LOCAL LAW"entitled to "A LOCAL LAW,10 consider amend- ing Southold Town Code Chaiter 100 .(Buildings,-Unsafe:.Property Mainte- nance . BE IT ENACTED by the Town Board of the Town of Southold as fol- 16ws: L Purpose The-purpose,of this amendment is i to amending restrict the placement of `dumpsters"on residential properties - H.-ChapterJ00,of the Code of the -- Town of Southold is hereby amended as follows: §100-4 Standards. A.Property maintenance - (1) Surface and subsurface water shall lie-adequately drained to-protect buildiiigs" and structures, to prevent damage to adjacent property and-to prevent the development of stagnant { ponds.Swimming-pools,spas,hot tubs k and other similar structures erected for creational use shall be maintained so , as to avoid the stagnation of the water therein. (2) Landscaping shall be adequate- ly 'maintained so that'lawns, hedges, bushes;weeds and trees do not become overgrown and unsightly so as to consti- tute an'unsafe condition or blight At no rime'shall landscapYng,hedges,bushes, =weeds orttree"stereate'an',impediment Lto,eme-igency,and/or,fire rescue vehicle access. (3)•Garbage,crates;'rubbish,refuse or=debris shall be kept inside a build- ing or buildings on,the premises,or in awiicceptable enclosed container,'and shall be regularly collected' and re- moved from the premises. " (4) No•dumpster shall be permit- ted in the front yard or side yard of a residential property for more than two weeks, 'unless the property benefits 'from an open and valid building per- mit.If the'property'benefits from`-an 'open and valid building permit, said dumpster may remain in the front yard or side yard until either the building permit expires,or'a'certificate of oc- cupancy and/or compliance'is issued for the work described in the en rmit, whichever-occurs first.Thereafter,the dumpster must be removed.-Prbper- ties used for bonafide agricultural production shall not be subject to this provision.' ' (4)(SLOpen'wells,cesspools or cis- teriis'shall be securely closed''or barri- caded to prevent access by they public. (35)_ffl Junked or unregistered ve- hicles'may not be located or stored in ppen.vievV but shall be'stored-in a suit- -able location inside a building or be- hind a fence outside of public view.' (6) fnExterior` facades shall at all times be kept free of graffiti or other defacement. IH:Severability If any clause, sentence, paragraph, section,or part of this Local"law shall be adjudged by any court of competent jurisdiction to be invalid,the judgement ( shall not affect the,validity of this law as t a whole or any part thereof_other than the part:so decided tb'be unconstitu- tional or invalid. �IV.'Effective Date This Local Law sh'alliake effect'im- mediately upon filmg witii tlfe Secre- tary of State as provided by law. Dated:'September 6,2016 ' BY ORDER OFTHE 'TOWN BOARD OF THE TOWN'OF SOUTHOLD Elizabeth A Neville Southold Town Clerk 12956-1T 9/15 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 8th day of September , 2016, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. Public Hearing 10/4/16 4:33 pm—Chapter 100 Dumpsters 4 Elizabeth A. Neville Southold Town Clerk Sworn before me this 8th day of Septembei`1 , 2016. Notary Public LYNDA M. RUDDER Notary Public, State of New York No.01 RU6020932 Qualified in Suffolk County Commission Expires March 8,20j Public Hearing#1 SUMMARY OF LL/AMENDMENT TO CHAPTER 100 "Buildings, Unsafe; Property Maintenance" THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS AFTERNOON'S PUBLIC HEARING PROPOSES TO AMEND CHAPTER 100 OF THE TOWN CODE ENTITLED "BUILDINGS, UNSAFE; PROPERTY MAINTENANCE" THE PURPOSE OF THE AMENDMENT IS TO ALLOW FOR THE REGULATION OF DUMPSTERS ON RESIDENTIAL PROPERTY. SPECIFICALLY, THE AMENDMENT IF ADOPTED WOULD PROVIDE THAT NO DUMPSTER WOULD BE PERMITTED IN THE FRONT OR SIDE YARD OF A RESIDENTIAL PROPERTY FOR MORE THAN TWO WEEKS, UNLESS THE PROPERTY BENEFITS FROM AN OPEN AND VALID BUILDING PERMIT. IF THE PROPERTY BENEFITS FROM AN OPEN AND VALID BUILDING PERMIT, A DUMPSTER WOULD BE ALLOWED TO REMAIN IN THE FRONT YARD OR SIDE YARD UNTIL EITHER THE BUILDING PERMIT EXPIRES, OR A CERTIFICATE OF OCCUPANCY IS ISSUED, WHICHEVER OCCURS FIRST. PROPERTIES USED FOR BONAFIDE AGRICULTURAL PRODUCTION WILL NOT BE SUBJECT TO THIS PROVISION. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 91h day of September, 2016, a Local Law entitled "A Local Law to consider amending Southold Town Code Chapter 100 (Buildings, Unsafe; Property Maintenance) to (i) restrict the placement of dumpsters on residential properties" and NOTICE IS HEREBY FURTHER GIVEN the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 4th day of October,2016 at 4:33 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 100 (Buildings, Unsafe; Property Maintenance) to (i) restrict the placement of dumpsters on residential properties"reads as follows: LOCAL LAW NO. OF 2016 A LOCAL LAW entitled to "A LOCAL LAW to consider amending Southold Town Code Chapter 100 (Buildings, Unsafe; Property Maintenance) BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The purpose of this amendment is to amending restrict the placement of dumpsters on residential properties II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-4 Standards. A. Property maintenance. (1) Surface and subsurface water shall be adequately drained to protect buildings and structures, to prevent damage to adjacent property and to prevent the development of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. (2) Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping,hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. (3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. (4) No dumpster shall be permitted in the front yard or side yard of a residential Property for more than two weeks, unless the property benefits from an open and valid building permit. If the property benefits from an open and valid building permit, said dumpster may remain in the front yard or side yard until either the building permit expires, or a certificate of occupancy and/or compliance is issued for the work described in the permit,whichever occurs first. Thereafter, the dumpster must be removed. Properties used for bonafide agricultural production shall not be subject to this provision. (4)_(51 Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. (-5) (6) Junked or unregistered vehicles may not be located or stored in open view but shall be stored,in a suitable location inside a building or behind a fence outside of public view. (6) Exterior facades shall at all times be kept free of graffiti or other defacement. III. Severability If any clause, sentence, paragraph, section, or part of this Local law shall be adjudged by any court of competent jurisdiction to be invalid, the judgement shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: September 6, 2016 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on SEPTEMBER 15, 2016 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website Rudder, Lynda From: legals <legals@timesreview.com> Sent: Monday, September 12, 2016 11:52 AM To: Rudder, Lynda Subject: Re: dumpsters for publication Good afternoon, The legal notice has been schedule to be published in the 9/15 edition of the Suffolk Times. Thank you and have a great day! Best regards, -- °rim REVIEW Lindsay Riemer Assistant Sales Coordinator 631.298.3200 ext. 235 631.354.8032(direct) 631.298.0410(fax) Iriemer@timesreview.com www.timesreview.com From: "Rudder, Lynda" <Ivnda.rudder@town.southold.ny.us> Date: Monday, September 12, 2016 11:58 AM To: "Cushman,John" <John.Cushman@town.southold.nv.us>, Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisafinn@gmail.com)" <lisafinn@gmail.com>, "Michaelis,Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Southold Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James" <iames.dinizio@town.southold.nv.us>, "Doherty,Jill" <iill.doherty@town.southold.nv.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, Louisa Evans <lPevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.nv.us>, "Noncarrow, Denis" <denisn@southoldtownnv.gov>, "Rudder, Lynda" <Iynda.rudder town.southold.ny.us>, "Russell, Scott" <scottr@southoldtownnv.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>, William Ruland <rulandfarm@vahoo.com>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov_>, "Silleck, Mary" <marvs@southoldtownny.gov> Subject: dumpsters for publication Please publish in the 9/15 edition of the Suffolk Times and the Town Website,thanks Rudder, Lynda From: Rudder, Lynda Sent: Monday, September 12, 2016 11:58 AM To: Cushman,John; legals@timesreview.com; Lisa Finn (lisafinn@gmail.com); Michaelis, Jessica; Reisenberg, Lloyd; Southold Local (den ise@southoldlocaLcom); Dinizio,James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: dumpsters for publication Attachments: dumpsters.docx Please publish in the 9/15 edition of the Suffolk Times and the Town Website,thanks Southold Town Board- Letter Board Meeting of September 6, 2016 Surr�ai�., RESOLUTION 2016-834 Item# 5.43 Me- ADOPTED DOC ID: 12258 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-834 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 6, 2016: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 91h day of September, 2016, a Local Law entitled"A Local Law to consider amendinlz Southold Town Code Chapter 100 (Buildinl4s, Unsafe; Property Maintenance) to (i) restrict the placement of dumpsters on residential properties" and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 4th day of October, 2016 at 4:33 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 100 (Buildings, Unsafe; Property Maintenance) to (i) restrict the placement of dumpsters on residential properties"reads as follows: LOCAL LAW NO. OF 2016 A LOCAL LAW entitled to "A LOCAL LAW to consider amending Southold Town Code Chapter 100 (Buildings,Unsafe; Property Maintenance) BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The purpose of this amendment is to amending restrict the placement of dumpsters on residential properties II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-4 Standards. A. Property maintenance. (1) Surface and subsurface water shall be adequately drained to protect buildings and structures, to prevent damage to adjacent property and to prevent the development of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. (2) Landscaping shall be adequately maintained so that lawns, hedges, bushes,weeds and trees do not become overgrown and unsightly so as to constitute an unsafe Generated September 6, 2016 Page 54 Southold Town Board - Letter Board Meeting of September 6, 2016 condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. (i} Garbage, crates, rubbish, refuse or debris shall be kept inside a-building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. (4) No dumpster shall be permitted in the front yard or side Yard of a residential property for more than two weeks, unless the property benefits from an open and valid buildinIZ permit. If the property benefits from an open and valid building permit, said dumpster may remain in the front yard or side yard until either the building permit expires, or a certificate of occupancy and/or compliance is issued for the work described in the permit,whichever occurs first. Thereafter, the dumpster must be removed. Properties used for bonafide agricultural production shall not be subject to this provision. (4)_(51 Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. (5) 61 Junked or unregistered vehicles may not be located or stored in open view but shall be stored in a suitable location inside a building or behind a fence outside of public view. (6)fDExterior facades shall at all times be kept free of graffiti or other defacement. III. Severability If any clause, sentence,paragraph, section, or part of this Local law shall be adjudged by any court of competent jurisdiction to be invalid, the judgement shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated September 6, 2016 Page 55 Public Hearing#1 SUMMARY OF LL/AMENDMENT TO CHAPTER 100 "Buildings, Unsafe; Property Maintenance" THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS AFTERNOON'S PUBLIC HEARING PROPOSES TO AMEND CHAPTER 100 OF THE TOWN CODE ENTITLED "BUILDINGS, UNSAFE; PROPERTY MAINTENANCE" THE PURPOSE OF THE AMENDMENT IS TO ALLOW FOR THE REGULATION OF DUMPSTERS ON RESIDENTIAL PROPERTY. SPECIFICALLY, THE AMENDMENT IF ADOPTED WOULD PROVIDE THAT NO DUMPSTER WOULD BE PERMITTED IN THE FRONT OR SIDE YARD OF A RESIDENTIAL PROPERTY FOR MORE THAN TWO WEEKS, UNLESS THE PROPERTY BENEFITS FROM AN OPEN AND VALID BUILDING PERMIT. IF THE PROPERTY BENEFITS FROM AN OPEN AND VALID BUILDING PERMIT, A DUMPSTER WOULD BE ALLOWED TO REMAIN IN THE FRONT YARD OR SIDE YARD UNTIL EITHER THE BUILDING PERMIT EXPIRES, OR A CERTIFICATE OF OCCUPANCY IS ISSUED, WHICHEVER OCCURS FIRST. PROPERTIES USED FOR BONAFIDE AGRICULTURAL PRODUCTION WILL NOT BE SUBJECT TO THIS PROVISION. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE